Motion To Limine

1 Lelana Villa
2 5155 East Dwight Way

3 Fresno Ca 93727
4
5 Superior Court for the State of California
6 COUNTY OF FRESNO
7 B.F.Sisk Courthouse
8
9 LELANA VILLA, CASE #: 12CEFL07342
10 Petitioner,
11 MOTION TO LIMINE TO
12 EXCLUDE VS- AND/OR STRIKE FROM
13 RECORD
14 TIMOTHY CROUCH, EXPERTS CHILD
15 CUSTODY
16 Respondent RECOMMENDATION
17 REPORT MADE TO THE COURT
18 AND TO EXCLUDE TESTIMONY
19 AND OPINIONS MADE WITHIN
20 THAT COURT ORDERED
21 RECOMMENDATION (Cal. Evid. Code
22 1119(a), (b))
23
24 TO THE RESPONDENT AND THEIR ATTORNEYS OF RECORD:
25 Petitioner, Lelana Villa, mother of Timothy Devin Crouch, moves
26 for an order in limine that 1) the court strike and /or exclude testimony
27 and opinions made within the Child Custody recommendation
PETITIONER'S MOTION TO LIMINE
1
1 completed by Mr. Thomas Cagle( Senior Mediator for the Fresno County
2 Mediators office) in regards to the December 6 , 2016 Tier 3 Child
3 Custody Counseling Recommendation session for the parents of
4 Timothy Devin Crouch, Ms. Lelana Villa, and Timothy Gene Crouch .2)
5 Prohibit the testimony and opinions made within that court ordered
6 recommendation for two reasons: a) the report is in violation of
7 multiple family and strict evidence codes , and b) the foundation of
8 the basis of the recommending mediators opinion is based on
9 incomplete information and/or lack of documents necessary to
10 understand the background context of a complex case which would be
11 necessary to form an unbias opinion.
12
13
14 Memorandum
15
16 Almost everyone is aware that anyone who enters a court of law,
17 has
18 to present evidence to support their position. The assumption is that a
19 court usually has to rely on evidence. In criminal law the evidence
20 standard is burden of proof, and in civil law matters, which includes
21 family law, the evidence standard is the preponderance of the
22 evidence standard.
23 There are rules governed by the California evidence code that define
24 how a court is supposed to consider evidence.
25
In the case of family law, California Courts have moved away from
26
the old mediators recommendation proposed orders and now
27
2
1 embraces child custody recommendation orders, which again presents
2 a dilemma to the court. Parties are sent to a child custody
3 recommending counselor to see if they can come up with an
4 agreement to any child custody matter pursuant to mediation.
5 California family code section 3183 defines how a court
6 views child custody recommending counselors. :
7
8 California Family Code Section 3183
9 (a) Except as provided in Section 3188, the mediator may,
10 consistent with local court rules, submit a recommendation to
11 the court as to the custody of or visitation with the child, if
12 the mediator has first provided the parties and their
13 attorneys, including counsel for any minor children, with the
14 recommendations in writing in advance of the hearing. The court
15 shall make an inquiry at the hearing as to whether the parties
16 and their attorneys have received the recommendations in
17 writing. If the mediator is authorized to submit a
18 recommendation to the court pursuant to this subdivision, the
19 mediation and recommendation process shall be referred to as
20 "child custody recommending counseling" and the mediator shall
21 be referred to as a "child custody recommending counselor."
22 Mediators who make those recommendations are considered
23 mediators for purposes of Chapter 11 (commencing with Section
24 3160), and shall be subject to all requirements for mediators
25 for all purposes under this code and the California Rules of
26 Court. On and after January 1, 2012, all court communications
27 and information regarding the child custody recommending
3
1 counseling process shall reflect the change in the name of the
2 process and the name of the providers.
3 (b) If the parties have not reached agreement as a result of
4 the mediation proceedings, the mediator may recommend to the
5 court that an investigation be conducted pursuant to Chapter 6
6 (commencing with Section 3110)or that other services be offered
7 to assist the parties to effect a resolution of the controversy
8 before a hearing on the issues.
9 (c) In appropriate cases, the mediator may recommend that
10 restraining orders be issued, pending determination of the
11 controversy, to protect the well-being of the child involved in
12 the controversy.
13
Basically it boils down the fact that child custody recommended
14
counselors are still viewed as mediators under California law which
15
presents an interesting dilemma, as the CA evidence code,
16
prohibits any documentation that originates from mediation as
17
being used as evidence in a civil proceeding which also
18
includes family law.
19
20 CA Family Code 3183 specifies that the mediator has to notify
21 the court that the parties have not reached an agreement underlining
22 the sole purpose of mediation, which is to attempt to reach an
23 agreement and only specifies the word may as the policy of
24 providing recommendations to the trial court, not a mandatory
25 shall. CA Evidence code 1119 and 1121 defines the word
26 shall in the context of mediation.
27
4
1 However, the trial courts in the State of California abuse the
2 mediation process, forcing mediation when no agreement can be
3 reached by the parties merely to develop a recommendation and a
4 proposed order that is signed by a mediator and rubber stamped by
5 the assigned judicial officer, in violation of CA Evidence Code
6 1119, 1118-1121.
7 The recommendation and proposed order offers no value to the
8 parties as it is considered hearsay under CA Evidence Code 1200
9 b.
10
In addition the CA evidence code, (the mandatory process
11
by which a court of law HAS to apply the law), specifies that any
12
statement or conduct that occurred in or originates during the course
13
of mediation is confidential.
14
15 The evidence code concerning the practice of mediation is very
16 specific as follows:
17
18
CA EVIDENCE CODE SECTION 1115-
19
1128
20
1115. For purposes of this chapter:
21
(a) "Mediation" means a process in which a neutral person or
22
persons facilitate communication between the disputants to
23
assist them in reaching a mutually acceptable agreement.
24
(b) "Mediator" means a neutral person who conducts a
25
mediation.
26
"Mediator" includes any person designated by a mediator either
27
5
1 to assist in the mediation or to communicate with the
2 participants in preparation for a mediation.
3 (c) "Mediation consultation" means a communication between a
4 person and a mediator for the purpose of initiating,considering, or
5 reconvening a mediation or retaining the mediator.
6
7 1116. (a) Nothing in this chapter expands or limits a court's
8 authority to order participation in a dispute resolution
9 proceeding. Nothing in this chapter authorizes or affects the
10 enforce ability of a contract clause in which parties agree to
11 the use of mediation.
12 (b) Nothing in this chapter makes admissible evidence that is
13 inadmissible under Section 1152 or any other statute.
14
15 1117. (a) Except as provided in subdivision (b), this chapter
16 applies to a mediation as defined in Section 1115.
17 (b) This chapter does not apply to either of the following:
18 (1) A proceeding under Part 1 (commencing with Section 1800)
19 of Division 5 of the Family Code or Chapter 11 (commencing with
20 Section 3160) of Part 2 of Division 8 of the Family Code.
21 (2) A settlement conference pursuant to Rule 3.1380 of the
22 California Rules of Court.
23
24 1118. An oral agreement "in accordance with Section 1118" means an
25 oral agreement that satisfies all of the following conditions:
26 (a) The oral agreement is recorded by a court reporter or
27 reliable means of audio recording.
6
1 (b) The terms of the oral agreement are recited on the record in
2 the presence of the parties and the mediator, and the parties
3 express on the record that they agree to the terms recited.
4 (c) The parties to the oral agreement expressly state on the
5 record that the agreement is enforceable or binding, or words
6 to that effect.
7 (d) The recording is reduced to writing and the writing is
8 signed by the parties within 72 hours after it is recorded.
9
10 1119. Except as otherwise provided in this chapter:
11 (a) No evidence of anything said or any admission made for
12 the purpose of, in the course of, or pursuant to, a mediation or a
13 mediation consultation is admissible or subject to discovery,
14 and disclosure of the evidence shall not be compelled, in any
15 arbitration, administrative adjudication, civil action, or other
16 noncriminal proceeding in which, pursuant to law, testimony can
17 be compelled to be given.
18 (b) No writing, as defined in Section 250, that is prepared
19 for the purpose of, in the course of, or pursuant to, a
20 mediation or a mediation consultation, is admissible or subject
21 to discovery, and disclosure of the writing shall not be
22 compelled, in any arbitration, administrative adjudication,
23 civil action, or other noncriminal proceeding in which, pursuant to law,
24 testimony can be compelled to be given.
25 (c) All communications, negotiations, or settlement
26 discussions by and between participants in the course of a
27 mediation or a mediation consultation shall remain confidential.
7
1
2 1120. (a) Evidence otherwise admissible or subject to discovery
3 outside of a mediation or a mediation consultation shall not be
4 or become inadmissible or protected from disclosure solely by
5 reason of its introduction or use in a mediation or a mediation
6 consultation.
7 (b) This chapter does not limit any of the following:
8 (1) The admissibility of an agreement to mediate a dispute.
9 (2) The effect of an agreement not to take a default or an
10 agreement to extend the time within which to act or refrain from
11 acting in a pending civil action.
12 (3) Disclosure of the mere fact that a mediator has served,
13 is serving, will serve, or was contacted about serving as a
14 mediator in a dispute.
15
16 1121. Neither a mediator nor anyone else may submit to a court
17 or other adjudicative body, and a court or other adjudicative
18 body may not consider, any report, assessment, evaluation,
19 recommendation, or finding of any kind by the mediator
20 concerning a mediation conducted by the mediator, other than a
21 report that is mandated by court rule or other law and that
22 states only whether an agreement was reached, unless all parties
23 to the mediation expressly agree otherwise in writing, or
24 orally in accordance with Section 1118.
25
26 1122. (a) A communication or a writing, as defined in Section
27 250, that is made or prepared for the purpose of, or in the
8
1 course of, or pursuant to, a mediation or a mediation
2 consultation, is not made inadmissible, or protected from
3 disclosure, by provisions of this chapter if either of the
4 following conditions is satisfied:
5 (1) All persons who conduct or otherwise participate in the
6 mediation expressly agree in writing, or orally in accordance
7 with section 1118, to disclosure of the communication, document, or
8 writing.
9 (2) The communication, document, or writing was prepared by
10 or on behalf of fewer than all the mediation participants,
11 those participants expressly agree in writing, or orally in
12 accordance with Section 1118, to its disclosure, and the
13 communication, document, or writing does not disclose anything
14 said or done or any admission made in the course of the
15 mediation.
16 (b) For purposes of subdivision (a), if the neutral person
17 who conducts a mediation expressly agrees to disclosure, that
18 agreement also binds any other person described in subdivision
19 (b) of Section 1115.
20
21 1123. A written settlement agreement prepared in the course of, or
22 pursuant to, a mediation, is not made inadmissible, or protected from
23 disclosure, by provisions of this chapter if the agreement is
24 signed by the settling parties and any of the following
25 conditions are satisfied:
26 (a) The agreement provides that it is admissible or subject to
27 disclosure, or words to that effect.
9
1 (b) The agreement provides that it is enforceable or binding or
2 words to that effect.
3 (c) All parties to the agreement expressly agree in writing, or
4 orally in accordance with Section 1118, to its disclosure.
5 (d) The agreement is used to show fraud, duress, or illegality
6 that is relevant to an issue in dispute.
7
8 1124. An oral agreement made in the course of, or pursuant to, a
9 mediation is not made inadmissible, or protected from disclosure, by
10 the provisions of this chapter if any of the following conditions are
11 satisfied:
12 (a) The agreement is in accordance with Section 1118.
13 (b) The agreement is in accordance with subdivisions (a), (b), and
14 (d) of Section 1118, and all parties to the agreement expressly
15 agree, in writing or orally in accordance with Section 1118, to
16 disclosure of the agreement.
17 (c) The agreement is in accordance with subdivisions (a), (b), and
18 (d) of Section 1118, and the agreement is used to show fraud,
19 duress, or illegality that is relevant to an issue in dispute.
20
21 1125. (a) For purposes of confidentiality under this chapter, a
22 mediation ends when any one of the following conditions is satisfied:
23 (1) The parties execute a written settlement agreement that fully
24 resolves the dispute.
25 (2) An oral agreement that fully resolves the dispute is reached
26 in accordance with Section 1118.
27 (3) The mediator provides the mediation participants with a
10
1 writing signed by the mediator that states that the mediation is
2 terminated, or words to that effect, which shall be consistent with
3 Section 1121.
4 (4) A party provides the mediator and the other mediation
5 participants with a writing stating that the mediation is terminated,
6 or words to that effect, which shall be consistent with Section
7 1121. In a mediation involving more than two parties, the mediation
8 may continue as to the remaining parties or be terminated in
9 accordance with this section.
10 (5) For 10 calendar days, there is no communication between the
11 mediator and any of the parties to the mediation relating to the
12 dispute. The mediator and the parties may shorten or extend this time
13 by agreement.
14 (b) For purposes of confidentiality under this chapter, if a
15 mediation partially resolves a dispute, mediation ends when either of
16 the following conditions is satisfied:
17 (1) The parties execute a written settlement agreement that
18 partially resolves the dispute.
19 (2) An oral agreement that partially resolves the dispute is
20 reached in accordance with Section 1118.
21 (c) This section does not preclude a party from ending a mediation
22 without reaching an agreement. This section does not otherwise
23 affect the extent to which a party may terminate a mediation.
24
25 1126. Anything said, any admission made, or any writing that is
26 inadmissible, protected from disclosure, and confidential under this
27 chapter before a mediation ends, shall remain inadmissible, protected
11
1 from disclosure, and confidential to the same extent after the
2 mediation ends.
3
4 1127. If a person subpoenas or otherwise seeks to compel a mediator
5 to testify or produce a writing, as defined in Section 250, and the
6 court or other adjudicative body determines that the testimony or
7 writing is inadmissible under this chapter, or protected from
8 disclosure under this chapter, the court or adjudicative body making
9 the determination shall award reasonable attorney's fees and costs to
10 the mediator against the person seeking the testimony or writing.
11
12 1128. Any reference to a mediation during any subsequent trial is
13 an irregularity in the proceedings of the trial for the purposes of
14 Section 657 of the Code of Civil Procedure. Any reference to a
15 mediation during any other subsequent noncriminal proceeding is
16 grounds for vacating or modifying the decision in that proceeding, in
17 whole or in part, and granting a new or further hearing on all or
18 part of the issues, if the reference materially affected the
19 substantial rights of the party requesting relief.
20
It basically boils down to the fact that even if the court changed
21
the label of a mediators recommendation order to a child custody
22
recommendation orders, it is still defined as a product originating from
23
a mediator, defined under CA Family Code Section 3160 and CA
24
Evidence Code section 1115 meaning that the CA Evidence Code
25
strictly applies.
26
27
12
1
2 One would assume that this is a novel issue that has not been
3 addressed by an appellate court or a supreme court; however, that
4 assumption is incorrect as the CA Supreme Court has repeatedly stated
5 that Mediation confidentiality is absolute and cannot be used
6 as evidence in any civil proceeding, which by definition also
7 includes family law. In Cassel v. Courier Superior Court, 51
8 Cal.4th 113, P. 3d 1080 (January 13, 2011), where the client brought
9 an action against attorneys who represented him in a mediation in a
10 malpractice, breach of fiduciary duty, fraud, and breach of contract
11 action.
12 The statute relating to mediation confidentiality (Cal. Evid. Code
13 1119(a), (b)) to exclude all evidence of communications between the
14 client and the lawyer that were related to the mediation, including
15 what was discussed in pre-mediation meetings and private
16 communications between the client and attorneys during the
17 mediation.
18 The Supreme Court once again ruled that mediation
19 confidentiality is absolute, following similar rulings already defined
20 in Foxgate Homeowners Association, Inc., v. Bramalea
21 California, Inc. (July 9, 2001) 26 Cal.4th 1, where the Supreme
22 Court took a surprisingly strong stand on behalf of mediation
23 confidentiality. In a 6-0 decision, it concluded that there were no
24 exceptions to the confidentiality of mediation communications under
25 Evidence Code 1119, or to the statutory limits on reporting by a
26 mediator under Evidence Code 1121.
27
13
1 The Court rejected the argument that judicial construction of the
2 statute was needed to avoid frustrating the legislative intent, or to
3 avoid an absurd result. The clear language of the statute precludes
4 mediator reporting, and requires strict confidentiality for all mediation
5 communication.
6
7
California has rules regarding the process, and conduct required
8
of court connected child custody mediation and the roles a mediator is
9
required to take. Rule 5.210. Court-connected child custody
10
mediation
11
12 (d) Responsibility for mediation services
13 (1) Each court must ensure that:
14
(A) Mediators are impartial, competent, and uphold the standards of practice
15
contained in this rule of court.
16
(B) Mediation services and case management procedures implement state law and
17
allow sufficient time for parties to receive orientation, participate fully in
18
mediation, and develop a comprehensive parenting plan without unduly
19
compromising each party's right to due process and a timely resolution of the
20
issues.
21
22 (C) Mediation services demonstrate accountability by:
23 (i) Providing for acceptance of and response to complaints about a mediator's
24 performance;
25
(ii) Participating in statewide data collection efforts; and
26
(iii) Disclosing the use of interns to provide mediation services.
27
14
1 (D) The mediation program uses a detailed intake process that screens for, and
2 informs the mediator about, any restraining orders or safety-related issues
3 affecting any party or child named in the proceedings to allow compliance with
4 relevant law or court rules before mediation begins.
5 (E) Whenever possible, mediation is available from bilingual mediators or

6 other interpreter services that meet the requirements of Evidence Code
7 sections 754(f) and 755(a) and section 18 of the California Standards of
8 Judicial Administration.
9
(F) Mediation services protect, in accordance with existing law, party
10
confidentiality in:
11
12 (i) Storage and disposal of records and any personal information accumulated
13 during the mediation process;
14 (ii) Interagency coordination or cooperation regarding a particular family or
15 case; and
16
(iii) Management of child abuse reports and related documents.
17
(G) Mediation services provide a written description of limitations on the
18
confidentiality of the process.
19
20 (H) Within one year of the adoption of this rule, the court adopts a local
21 court rule regarding ex parte communications.
22 (2) Each court-connected mediator must:
23
(A) Maintain an overriding concern to integrate the child's best interest
24
within the family context;
25
26
27
15
1 (B) Inform the parties and any counsel for a minor child if the mediator will
2 make a recommendation to the court as provided under Family Code section 3184;
3 and
4 (C) Use reasonable efforts and consider safety issues to:

5
(i) Facilitate the family's transition and reduce acrimony by helping the
6
parties improve their communication skills, focus on the child's needs and
7
areas of stability, identify the family's strengths, and locate counseling or
8
other services;
9
10 (ii) Develop a comprehensive parenting agreement that addresses each child's
11 current and future developmental needs; and (iii) Control for potential power
12 imbalances between the parties during mediation.
13 (Subd (d) amended effective January 1, 2007; previously amended effective
14 January 1, 2002, and January 1, 2003.)
15
(e) Mediation process
16
All court-connected mediation processes must be conducted in accordance with
17
state law and include:
18
19 (1) Review of the intake form and court file, if available, before the start
20 of mediation;
21 (2) Oral or written orientation or parent education that facilitates the
22 parties' informed and self-determined decision making about:
23
(A) The types of disputed issues generally discussed in mediation and the
24
range of possible outcomes from the mediation process;
25
(B) The mediation process, including the mediator's role; the circumstances
26
that may lead the mediator to make a particular recommendation to the court;
27
16
1 limitations on the confidentiality of the process; and access to information
2 communicated by the parties or included in the mediation file;
3 (C) How to make best use of information drawn from current research and
4 professional experience to facilitate the mediation process, parties'
5 communication, and co-parenting relationship; and
6
(D) How to address each child's current and future developmental needs;
7
8 (3) Interviews with children at the mediator's Family Code section 3180(a).
9 The mediator may interview the child alone or together with other interested
10 parties, including stepparents, siblings, new or step-siblings, or other
11 family members significant to the child. If interviewing a child, the mediator
12 must:
13 (A) Inform the child in an age-appropriate way of the mediator's obligation to
14 disclose suspected child abuse and neglect and the local policies concerning
15 disclosure of the child's statements to the court; and
16
(B) With parental consent, coordinate interview and information exchange among
17
agency or private professionals to reduce the number of interviews a child
18
might experience;
19
(4) Assistance to the parties, without undue influence or personal bias, in
20
developing a parenting plan that protects the health, safety, welfare, and
21
best interest of the child and that optimizes the child's relationship with
22
each party by including, as appropriate, provisions for supervised visitation
23
in high-risk cases; designations for legal and physical custody; a description
24
of each party's authority to make decisions that affect the child; language
25
that minimizes legal, mental health, or other jargon; and a detailed schedule
26
of the time a child is to spend with each party, including vacations,
27
17
1 holidays, and special occasions, and times when the child's contact with a
2 party may be interrupted;
3 (5) Extension of time to allow the parties to gather additional information if

4 the mediator determines that such information will help the discussion proceed
5 in a fair and orderly manner or facilitate an agreement;
6
(6) Suspension or discontinuance of mediation if allegations of child abuse or
7
neglect are made until a designated agency performs an investigation and
8
reports a case determination to the mediator;
9
10 (7) Termination of mediation if the mediator believes that he or she is unable
11 to achieve a balanced discussion between the parties;
12 (8) Conclusion of mediation with:
13
(A) A written parenting plan summarizing the parties' agreement or mediator's
14
recommendation that is given to counsel or the parties before the
15
recommendation is presented to the court; and
16
(B) A written or oral description of any subsequent case management or court
17
procedures for resolving one or more outstanding custody or visitation issues,
18
including instructions for obtaining temporary orders;
19
20 (9) Return to mediation to resolve future custody or visitation disputes.
21 The recommendation of the court connected mediatior Thomas

22 Cagle should be excluded because the mother brought to Mr. Cagle
23 attention that he lacked the mothers complete file, and refused to
24 review the filed copies the mother had brought along to the mediation
25 session. Without the mothers complete file, it would be impossible to
26 understand the family dyanmics, and have enough background
27
18
1 context for this complex case, to obtain a intelligent and professional
2 opinion on the parents fitness or the families issues in the brief 20
3 minutes, the parents were in front of Mr. Cagle.
4 Mr Cagles opinion became bias upon the mother multiple
5 complaints about Mr Cagles unprofessionalism, refusal to acknowledge
6 the mothers statement that he lacked all the documents within her file,
7 despite the mothers offer to provide her copies for his review, and the
8 mother stating multiple times that she was unhappy with Mr. Cagle as
9 their mediator, and that she would be making a complaint, , also
10 stating that her due process rights have continued to be violated since
11 her initial filing of her case, angered Mr. Cagle, despite the fact he is
12 required to be a neutral party in the process. The fact that the report
13 made by Mr. Cagle was an assessment of a mere 23 minutes with the
14 parents, and was unbalanced, and completely focused on the mother,
15 making assessments he is not qualified to make, is evidence of the
16 bias that MR. Cagle stemmed from what the mediator took as a
17 personal attack, and that opinion was applied while writing his
18 recommendation.
19
The competency of Mr. Cagles opinion and methods to make the
20
recommendation made to the court regarding custody is in question as
21
well. Two complaints have been made in regards to the session on 12-
22
6-2016 both the parents and Mr.Cagle have already been filed, and a
23
response has yet to be made.
24
25 Mediation proceedings are not conducted under oath, do not
26 follow traditional rules of evidence, and are not limited to developing
27 the facts. Rather, mediators are instructed to "draw out the parties'
19
1 subjective perceptions of, and feelings about, the events that have
2 brought them into conflict" and to encourage parties "to verbally
3 acknowledge the other's point of view, whether they come to share
4 that point of view or not."
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 Declaration
24
25
I, Lelana Villa do declare that the I am a party to this action/ I am
26
over 18 years old. I have personal knowledge of the facts contained in
27
20
1 this declaration, and if called to testify I Could and Would testify
2 competently as to the truths stated as facts herein.
3
4
2. I make this Declaration in support of this motion to Limine to
5
exclude the experts recommendation filed with the court.
6
7
8
9
10
11
12 I declare under penalty of perjury under the laws of
13 the state of california that the foregoing is true and
14 correct and that this delcaration was executed on
15 February 1, 2017 at Fresno, California
16
17
Date:____________________
18
By___________________________________
19
20 Petitioner ,Lelana Villa
21
22
23
24
POINTS AND AUTHORIES
25
26
PAGE
27 California Evidence Codes
21
1 Cal. Evid. Code 1119(a), (b))
2 ........................................................... 1, 12
3 CA Evidence Code 1119, 1118-
4 1121..................................................4
5 CA Evidence Code 1200
6 b..........................................................................4
7
CA EVIDENCE CODE SECTION 1115-
8
1128................................................5-12 CA Evidence Code
9
section 1115................................................................12
10
11 CA Evidence Code
12 1119...........................................................................12
13 Ca Evidence Code
14
1121..........................................................................12
15 California Family Code

16 California family code section
17 3183.......................................................2, 3,4
18
CA Family Code Section
19
3160....................................................................12
20
OTHER
21
California Court Rule
22
5.210....................................................................13-18
23
24 CASE LAW
25 In Cassel v. Courier Superior Court, 51 Cal.4th 113, P. 3d 1080
26 (January 13, 2011),
27
22
1 ............................................................................................
2 ...........12
3 Foxgate Homeowners Association, Inc., v. Bramalea California,
4 Inc. (July 9, 2001) 26 Cal.4th
5 1,...................................................................................................13
6
7
8 frt
9
10
11
12
13
14
15
16
17
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19
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23
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25
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27
23

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1 Lelana Villa

2 5155 East Dwight Way

PETITIONER'S MOTION TO LIMINE

PETITIONER'S MOTION TO LIMINE

10 consistent with local court rules, submit a recommendation to

11 the court as to the custody of or visitation with the child, if

12 the mediator has first provided the parties and their

13 attorneys, including counsel for any minor children, with the

14 recommendations in writing in advance of the hearing. The court

15 shall make an inquiry at the hearing as to whether the parties

16 and their attorneys have received the recommendations in

17 writing. If the mediator is authorized to submit a

18 recommendation to the court pursuant to this subdivision, the

19 mediation and recommendation process shall be referred to as

20 "child custody recommending counseling" and the mediator shall

21 be referred to as a "child custody recommending counselor."

22 Mediators who make those recommendations are considered

23 mediators for purposes of Chapter 11 (commencing with Section

24 3160), and shall be subject to all requirements for mediators

26 Court. On and after January 1, 2012, all court communications

27 and information regarding the child custody recommending

PETITIONER'S MOTION TO LIMINE

2 process and the name of the providers.

3 (b) If the parties have not reached agreement as a result of

4 the mediation proceedings, the mediator may recommend to the

5 court that an investigation be conducted pursuant to Chapter 6

6 (commencing with Section 3110)or that other services be offered

7 to assist the parties to effect a resolution of the controversy

8 before a hearing on the issues.

9 (c) In appropriate cases, the mediator may recommend that

10 restraining orders be issued, pending determination of the

11 controversy, to protect the well-being of the child involved in

PETITIONER'S MOTION TO LIMINE

PETITIONER'S MOTION TO LIMINE

2 participants in preparation for a mediation.

3 (c) "Mediation consultation" means a communication between a

4 person and a mediator for the purpose of initiating,considering, or

5 reconvening a mediation or retaining the mediator.

8 authority to order participation in a dispute resolution

9 proceeding. Nothing in this chapter authorizes or affects the

10 enforce ability of a contract clause in which parties agree to

11 the use of mediation.

12 (b) Nothing in this chapter makes admissible evidence that is

13 inadmissible under Section 1152 or any other statute.

16 applies to a mediation as defined in Section 1115.

17 (b) This chapter does not apply to either of the following:

18 (1) A proceeding under Part 1 (commencing with Section 1800)

19 of Division 5 of the Family Code or Chapter 11 (commencing with

20 Section 3160) of Part 2 of Division 8 of the Family Code.

21 (2) A settlement conference pursuant to Rule 3.1380 of the

22 California Rules of Court.

25 oral agreement that satisfies all of the following conditions:

26 (a) The oral agreement is recorded by a court reporter or

27 reliable means of audio recording.

PETITIONER'S MOTION TO LIMINE

3 express on the record that they agree to the terms recited.

4 (c) The parties to the oral agreement expressly state on the

5 record that the agreement is enforceable or binding, or words

7 (d) The recording is reduced to writing and the writing is

8 signed by the parties within 72 hours after it is recorded.

11 (a) No evidence of anything said or any admission made for

12 the purpose of, in the course of, or pursuant to, a mediation or a

13 mediation consultation is admissible or subject to discovery,